- If
Number 441
August 14, 1778.
THE
I
unnTH-C 4ROL I GAZETTE
With the lateft ADVICES, Foreign and Domestic.
SEMPER PRO LIBER 1 A 1 li, .1 fuw.
IfrAf f fr t f ft ft 1 1 .t
Wilmington District, 7""' l !778-
r ILmrabU SAMUEL ASHE, Efy; one of tbe Judges of tbe
Superior Court of Luzv.
SIR.
TH E gentlemen of the Grand Jury beg leave to return their
thanks to the honorable Samuel Ashe, Erq; for his
frnfible and feafonable Charge delivered them at the'opemng
(.( .his court, and requelt the favour of a copy of it for th pief.,
that, if poffible, its influence may be made as extenfive as its
matter is important.
I Wilmington, June 12, 177
q, tbeGentlemen of tbe Grand JuRY..r Wilmington Diftria.
MR. Ashe prefents his compliments to the gentlemen cf the
Grand Jury, and in compliance with their poluc requelt
trammits them a copy cf his Ch a r g e ; pkafed that his crude
thoughts haftilv thrown together, meet with the approbation of
their refpeaablc' bedy, and will be happy if they ihcuid contri
bute a mite toward the wellfare of his country.
GENTLEMEN of the GRAND JURY,
N every cWil.z:d lla;e, to euajiiio tne peace 01 uw 1 n.
interwoven in our prefent happy and tq vA f ftern of government,
that no citizen can be denied, n..r be oepmcd o it, but v. it: n tii.i
constitution, liut this ineftimable priviltdge, with otners equally
fo, the iron hand of unfeeling Bntiih tyranny, upon iniquity
and ill founded pretentions, would tear frun us, and fabliau to
Mead of it a mode of proceeding, framed by the united and
ftretched invention of cruelty and tyranny comb-ned.
By that, perhaps the innocent, but unhappily fufpeited perfon,
fhall be Icized, dragged from his friends and dearett connexions,
thrown into the noitom hole of a vefTel, loaded with irons, and at
the rifque of his life transported three thcufnd miles over lea 10
Great Britain. There, probably, without money to A.iUin h.m,
without friends to comfort him, without council to advife faini,
uith. ut witneffes to teftify for him, and without his neighbours
to try him ; perhaps too, only upon the information of an Attor
ney Gene al (always a creature cf the court) filed againit him, he
fhall be arraigned before a court and juty unacquainted with every
circumHance of the charge, and equally firangers to the malig
nancy and ddign of the profecutor, as the character and difpcfm
on ol iheaccufed. In this Ctuation, and thus circumflanced, in
nocence itfelf mult fall a viaim. This fhort conUaft of the two
meafurea mult at once fill nam's with h: rrcr clue one. aH
l ' M . V
wuh a alow of 7
ai.U ifi-fc-t evci
tiioit, in -perpetuate inc. fix it,.
TV! ru nvi ,v: EO CUIUUill Kic Ufcv.- ' j rrv tverv Wiuvin
Ito nricrve uccum i-morg the peopk atiaige, and to pre- and rejcahe latter. .
?72!wj!!u . thrir f.ver.l rights, municipal laws, or Gentlemen, the office of Grand Inters for this diftrl at this
tules of ci Al ccdoft, are formed, ordaining Punimments time afGgned yoU, I have the fdlkj perfusion your principles and
rules or c .u .u , r nMnt. LiLlIl-- v,, not under the Lcicd obligation of an oath)
to thole wn
nitv. or violate
J w
Civil coi.uucx, are icrmcu, cruunn.js time aiugucu . , r j Li - r K
, uh fhall difturb the general peace ol thu cummu- jnciinati ons (were you not unuer ibefetred obliaUon oi an oath)
itc t inuude on the rights of individuals. will lead you to an impartial execution of.
.ffe.ent Hates are various, and with many the modes Fcr me to point out to you the particular bufinefs of it, or to
nrl C Stm A
cf Dunifhing tranferclibrs are variant and unfixed, depending up
. . . - 1 n 1 J U.k ;n t.f mann.T T. C Ilia
on the will ot tne rrincc or juugc, wv-
fureof them. ,
But with us it is a felicity that crimes and mifdemeanours have
f according to their htinoufnefs) known and alfixed runillHnts,
.nd nothing is left to the opinion or aibitrary will ot the Jge ;
in a few cafes only, a difcrctinary miligating povver may be cx
ereifed by him ; i t the fame la which creates the offence, de
r . j rK. r,..nifment. And equally careiu. are
icrioes uiiu auv '4 t . r s.
...-1-.. . ; 9r,,;n no trv;np t!kndri; the accufation .in toe
..- r ru nfftnecs which fall under your coenizance,
is unneceffary, and would be tedious and nkfome both to yt u ar.d
rnvfeif Let it fuffice that I acquaint you, that crimes and mif
demeanors of every denomination, from the highelr. to the luwtft
nature from treafonsagaina your rtate to rrefpfTes againfl the
pocrcft individual of the Hate, committed in this diitnl, are
prefentable by you. .
A few matters only I will mention to you, and thefe are m:f
prificns of treafon againft the ftate, and efiences 'affecting your
public d:us OI HWUl, a -v
, 1 k . U 0. .1 f V,nrrrffr ftl th! liatft : Slid
outlaws, in charging u trying c ! 5 "1 bvhe fever, 1 CWrefTes of this ftate ; and
fir! inftar.ee mull be rwade by twelve at tne .eai 01 - g, g JTCacU it)e General A fienbiy relative to them
fc- rfiftri-l where the offence was committed, and by then, lr- as the clauks oi the acts c uituco 7
jv- - . .
:,K:;:; r . the court. The charge beinS thus made, the deiCnbe them more fully than l can, i w icau -u, .-
culorit is called no into court, and the truth of the matter ag?in Claufes read -
nioft be made in the pr fe of theaccufed, and the witnelies
aeainft him produced ar.d openly exao ! . Uo.bJ T
he at liberty to crofs txan.uie tbe.o, to confront them w 1 n wn
nefiesin his favour, to lefica or refute their teftimony, and I other
wife to oer matter to juUify, txcufe, or acquit himfelf. By thus
fairly and openly canvafung the charge, the party, ifgoirtyi is
dettaed and puoifhed ; if innocent, is proteaed, ;J placed oe
yond the rech of pe fee uting malice, or opprefiive fallhood.
7 Senfiole cf the advantages rtfulting from this invaluable right
af a tryai by a jury of the viciuage, a ngnt io.ieu ..uKK.v
auies reao. . , r t r 1. c
The mifchievcus and wicked tendency cf tnofe under tte : fir.t
.u- and rincn- - ' nces. as well lg rhe
Ciais, anu me Ji juuuu- - 1 . -..ui:
Inr!;inal4. -f-taoTe under thelatter, and thef(equent
cprki;.:J a tf b-, make it ntceflary to attend to them. 1 he hnt
are praaifed by men, netted in our bofoixis, who, did their r.fo
luiions keep pace with their inclinations, it is not doubted would
commit crimes of the fiift magnitude againit us; but not dating
to avow their intentions, to onmafk and aa openly, they (like
Satan at the ear of Eve) whifper their lies, infinoate their falf
hoods, and fpread elifpiriting news, in order to pervert the weak,
fettle the minds of thefe net perfeaiy
Aable, and to feduce the t eofle generally from their allegiance
to the ltate.
p. our anccHoiS,
and hancea oown oy w -